Are you a Victim of Crime?
Making a
Complaint
Public Legal Education and Information Service of
New Brunswick (PLEIS-NB) is a non-profit charitable
organization. Its goal is to provide New Brunswickers
with information on the law. PLEIS-NB receives funding
and in-kind support from the Department of Justice
Canada, the New Brunswick Law Foundation and the
New Brunswick Office of the Attorney General.
This publication is one in a series of resources on victims
rights. Check out the publications Know Your Rights
and You Can Ask for No-Contact with the Offender.
We gratefully acknowledge the cooperation of the New
Brunswick Department of Department of Justice and
Public Safety. Many thanks to the professionals, Crown
prosecutors, and other members of the New Brunswick
Law Society who assisted with the review of this
publication.
This publication does not contain a complete statement
of the law in this area and laws change from time to
time. Anyone needing advice on his or her specific legal
position should consult a lawyer.
Jointly published by:
Public Legal Education and Information
Service of New Brunswick
P.O. Box 6000
Fredericton, NB E3B 5H1
Tel.: 506-453-5369
Fax: 506-462-5193
Email: [email protected]
www.legal-info-legale.nb.ca
and
Department of Justice and Public Safety
P.O. Box 6000
Fredericton, NB E3B 5H1
Tel.: 506-453-3992
www.gnb.ca/publicsafety
ISBN: 978-1-4605-0415-4
March 2016
Victims Have the Right to
Make a Complaint
The information in this booklet is intended
to help victims of crime in New Brunswick
understand how to file a complaint with the
appropriate agency or department if they feel
their rights were violated as they navigated the
criminal justice process.
Since victims may deal with several different
provincial and federal criminal justice agencies,
each with its own complaints process, knowing
how and where to make a complaint can be
confusing.
This booklet sets out the internal complaint
mechanisms of the departments responsible for:
§ reviewing complaints;
§ m
aking recommendations to correct rights
violations; and
§ letting victims know about the outcome of
the review.
Know Your Rights as a Victim
For more information about your rights see
the booklet Are You a Victim of Crime? Know
Your Rights. It outlines the full range of
victims’ rights provided for in the Canadian
Victims Bill of Rights which came into effect
on July 23, 2015.
One of those rights is to make a complaint if
you believe your rights have been violated.
1
Police Agencies
Municipal or Regional Police Force
You have the right to make a complaint if you
believe police have violated your rights as a
victim.
To make a complaint that your rights as a
victim were denied or breached, send a written
complaint to the Chief of Police or officer in
charge of where the incident happened.
There are 9 regional/municipal police forces
in New Brunswick. Their contact info is available at:
New Brunswick Department of Justice
and Public Safety
www.gnb.ca/publicsafety
If you prefer, you can send a written complaint
directly to:
New Brunswick Police Commission
Email [email protected]
Mail
New Brunswick Police Commission
Fredericton City Centre
435 King Street, Suite 202
Fredericton NB E3B 1E5
If you prefer, you can complete and
submit a complaint form online.
www.nbpolicecommission.ca/site/en/
Questions about filing your complaint?
1-888-389-1777
www.nbpolicecommission.ca/site/en/
2
Royal Canadian Mounted Police (RCMP)
If you feel your rights, under the Victims Bill of
Rights, have been infringed by the RCMP, you
can complain formally to either:
§ C
ivilian Review and Complaints
Commission for the RCMP (the Commission)
at www.crcc-ccetp.gc.ca; or
§ a member or employee of the RCMP
After the complaint is reviewed, a Final Report
will be issued to the complainant.
If you are not happy with the response outlined
in the Report, you can ask the New Brunswick
Police Commission to review it.
§ I f satisfied, the Commission will report back
in writing to you, the RCMP employees
involved, the Minister of Public Safety, and
the Commissioner of the RCMP.
§ I f not satisfied, the Commission may
consider further action such as starting
its own investigation, sending an Interim
Report to the RCMP Commissioner and
Minister of Public Safety, and so on. The
RCMP Commissioner must respond to an
Interim Report and offer explanations.
The New Brunswick Police Commission
does not deal with complaints against
the RCMP. They may be able to assist
you in forwarding your complaint to
the RCMP.
3
Victim Services
NB Department of Justice
and Public Safety
If you disagree with the decision made about
your eligibility or compensation received
through the compensation for Victims of
Crime program, you can write directly to the
Minister of Justice and Public Safety to appeal.
The Minister will review your file and any new
information relating to the grounds of appeal
and will let you know in writing the results of
your appeal and the reasons for the decision.
Mail
Department of Justice and Public Safety
Minister of Justice and Public Safety
Argyle Place, 2nd Floor,
P. O. Box 6000
Fredericton, NB Canada E3B 5H1
If you believe your rights as a victim were
denied by staff at Victim Services, you should
contact the regional director in your area to
discuss your concerns.
Victim Services – Regional Directors
Edmundston 506-735-2030
Saint John 506-658-2495
Moncton 506-856-2875
Fredericton 506-453-2367 or 506-453-3928
Bathurst
4
506-547-2924 or 506-547-2159
If you have concerns about your access to Victim
Services, contact the nearest Victim Services
office to ask for an explanation.
Victim Services Offices
in New Brunswick
Bathurst506-547-2924
Burton506-357-4035
Campbellton506-789-2388
Caraquet506-726-2417
Edmundston506-735-2543
Elsipogtog First Nation506-523-4747
Fredericton506-453-2768
Grand Falls 506-473-7706
Miramichi506-627-4065
Moncton506-856-2875
Richibucto506-523-7150
Saint John 506-658-3742
Shediac506-533-3338
St. Stephen506-466-7414
Tracadie-Sheila506-394-3690
Woodstock506-325-4422
If you are not satisfied with the response by the
Department of Justice and Public Safety, you
can make a complaint to the New Brunswick
Ombudsman.
5
To make a complaint with the
New Brunswick Ombudsman
Submit a complaint form online:
www.ombudnb.ca
Pour obtenir de plus amples renseignements,
veuillez communiquer avec :
Phone
Fax
1-888-465-1100
506-453-5599
Email [email protected]
Mail
New Brunswick Ombudsman
P. O. Box 6000, Fredericton, NB
Canada E3B 5H1
National Office for Victims
The National Office for Victims, Public Safety
Canada has an obligation to:
§ p
rovide victims with general information
about the criminal justice system; and
§ r efer victims to the CSC and the PBC so
that they can obtain information about the
offenders who harmed them.
If you feel that either or both of the above
obligations were not met, this could be a
violation of your rights under the Victims Bill of
Rights.
6
To make a formal complaint, contact the
National Office for Victims by submitting:
§ y our name, telephone number, and
address;
§ a description of how you feel your rights
were violated;
§ t he date the alleged violation occurred
with a brief description of events.
National Office for Victims
Phone
1-866-525-0554
Fax
613-949-6507
Email
[email protected]
Mail
National Office for Victims
Public Safety Canada
269 Laurier Avenue West
Ottawa ON K1A 0P8
www.publicsafety.gc.ca/cnt/cntrngcrm/crrctns/ntnl-ffc-vctms-en.aspx
Victim Services provided by
Police Agencies
Some police forces have victim services units
that provide assistance to victims at the scene of
a crime.
To make a complaint about one of these services,
follow the appropriate complaint protocol
outlined in the section on Police Agencies.
7
Corrections and Parole
NB Department of Justice and Public
Safety, Community and Correction
Services Branch
If you wish to make a complaint or raise a
concern directed at the Corrections Branch
regarding your rights as a victim, the
Department of Justice and Public Safety,
Corrections Branch encourages you to contact
your local office of Victim Services.
See page 5 for a list of Victim Services
Offices in New Brunswick.
The Victim Services office will work through the
Director of Correctional Services to have the
complaint addressed.
If you feel your complaints or concerns are
not being addressed adequately by the
Department of Justice and Public Safety, you
can contact the New Brunswick Ombudsman.
(See page 6.)
8
Correctional Service of Canada (CSC)
You can file a complaint against the CSC if:
§ y ou feel your right to information was
violated by, for example, not receiving
information about upcoming decisions in
the offender’s case; and/or
§ y ou feel any of your rights under the
Victims Bill of Rights were violated
during victim registration or during the
processing of a no-contact order.
To make a complaint to CSC:
Phone 1-866-806-2275
Email
[email protected]
If you are unhappy with the CSC’s investigation
into your matter, you can contact the Office of
the Federal Ombudsman for Victims of Crime.
Office of the Federal Ombudsman
for Victims of Crime
Phone
Toll-Free: 1-866-481-8429
Outside of Canada: 613-954-1651
Fax 613-941-3498
Email
[email protected]
Mail
Office of the Federal Ombudsman
for Victims of Crime
P.O. Box 55037
Ottawa, Ontario K1P 1A1
9
Parole Board of Canada (PBC)
If you feel your rights under the Victims Bill
of Rights have been violated by the PBC, you
should speak with a Regional Communication
Officer (RCO). These officers may be able to deal
with your complaint faster than if you made a
formal complaint. Call 1-866-789-INFO (4636) to
speak with an RCO.
If the RCO is unable to help you, you can
complete a PBC Complaint Form
and send it by either:
Fax
613-941-9426
Email
[email protected]
Mail
Victim Complaints
Parole Board of Canada
410 Laurier Avenue West
Ottawa, ON K1A 0R1
The PBC Complaints Process does not address:
§ d
ecisions about whether or not someone
was made eligible for parole; or
§ c omplaints about pardons or criminal
record suspensions.
For more information, visit the
PBC’s Victim Complaint
Process FAQs
10
Crown Prosecutors
Public Prosecutions, New Brunswick
Office of the Attorney General
To make a complaint about a provincial Crown
prosecutor, you should initially contact the
Regional Crown Prosecutor in your area:
Bathurst506-547-2160
Campbellton506-789-2308
Caraquet506-726-2794
Edmundston506-735-2027
Fredericton506-453-2819
Grand Falls506-473-7702
Miramichi506-627-4015
Moncton506-856-2310
Oromocto/Burton506-357-4033
Saint John506-658-2580
St. Stephen506-466-7397
Tracadie-Sheila506-394-3727
Woodstock506-325-4416
If the Regional Crown Prosecutor cannot
resolve your complaint, you should then be
referred by the Regional Crown Prosecutor to
the Director of Public Prosecutions.
If your complaint has still not been satisfactorily
dealt with, you should then be referred to the
Attorney General of New Brunswick.
11
Public Prosecution Service
of Canada (PPSC)
The PPSC is responsible for prosecuting charges
with respect to offences created by federal
laws. If a victim feels his/her rights have been
violated, he/she can make a complaint against
the PPSC regarding any of its employees,
policies, procedures, or practices. However,
victims cannot make complaints regarding
anything outside the PPSC’s scope, including:
court decisions; or specific legislation.
For information on making a
complaint, see the
Public Prosecution Service of
Canada website:
www.ppsc-sppc.gc.ca/eng/cmp-pln/index.html
12
Other Agencies
New Brunswick Department of Justice
and Public Safety
If you feel your rights under the Victims Bill of
Rights have been violated by a staff member at the
Court Services office, you can make a complaint
to the Court Attendance Supervisor at that
location in writing, by telephone or in person.
If you are not satisfied with how your complaint
was dealt with, or your complaint is about the
Court Attendance Supervisor, you should
address your concerns to the Regional Director
responsible for that court location.
If you are still not satisfied, or your complaint is
about the Regional Director, you can address
your concerns to the the Executive Director
of Court Services. If you are still not satisfied,
contact the Assistant Deputy Minister, Court
Services in Fredericton, NB.
Find contact information on
Court Services at www.gnb.ca/justice
Department of Justice Canada
If you feel your rights under the Victims Bill of
Rights have been violated by the Department of
Justice Canada, you can make a complaint to the
Department of Justice by email or by mail within
90 days of the incident.
Before making your complaint, you must fill
out a Pre-Assessment Form to see whether or
not your complaint falls within the scope of the
Department of Justice.
13
For more information on the complaint process,
see www.justice.gc.ca/eng/contact/complaintplainte.html.
Department of Justice Canada
Email [email protected]
Mail
Department of Justice Canada
Policy Centre for Victim Issues
284 Wellington Street
Ottawa, Canada K1A 0H8
Within 3 business days, you will be notified as
to whether or not your complaint falls within
the scope of the Department of Justice. If your
complaint is “deemed admissible”, then you will
also receive a complaint form along with the
Department’s response.
On the complaint form, you will have to provide
information such as details surrounding the
incident in question and your contact information.
After that, you will receive a written response
from the Department of Justice within 40 days,
unless this time period is extended because your
case is particularly complex.
There are several remedies that may be available
to you if the Department of Justice believes you
to have been wronged:
§ Letter of apology without prejudice;
§ Correction of public documents;
§ C
hanges to, or development of new,
department practices or policies.
14
Resources
Making a Complaint: Helpful Websites
Provincial Resources
New Brunswick Department of Justice
and Public Safety
www.gnb.ca/publicsafety
Public Prosecutions, Office of the
Attorney General
www.victimsfirst.gc.ca/mac-fup/index.
html
Court Services, New Brunswick
Department of Justice and Public Safety
www2.gnb.ca/content/gnb/en/
departments/justice.html
Public Legal Education and
Information Service of New Brunswick
www.legal-info-legale.nb.ca
New Brunswick Police Commission
www.nbpolicecommission.ca/site/en
New Brunswick Ombudsman
www.ombudnb.ca/site/en/how-do-imake-a-complaint#form
Child and Youth Advocate Office
www.gnb.ca/0073/ChildYouthAdvocate/index-e.asp
15
Federal Resources
National Office for Victims, Public Safety
Canada
www.publicsafety.gc.ca/cnt/cntrng-crm/
crrctns/ntnl-ffc-vctms-en.aspx
Policy Centre for Victim Issues,
Department of Justice
www.justice.gc.ca/eng/cj-jp/victimsvictimes/aboutus-aproposdenous.html
Victims, Department of Justice
www.justice.gc.ca/eng/cj-jp/victimsvictimes/
Civilian Review and Complaints
Commission (RCMP)
www.crcc-ccetp.gc.ca
National Parole Board of Canada,
Victims of Crime
pbc-clcc.gc.ca/victims/victims-eng.shtml
Correctional Service of Canada
www.victimsfirst.gc.ca/mac-fup/index.
html
Office of the Federal Ombudsman for
Victims of Crime
www.gnb.ca/0073/ChildYouthAdvocate/index-e.asp
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